State v. Duncan

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED
ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR. 

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Jimmy Lee Duncan, Appellant.

Appeal From Colleton County

Perry M. Buckner, Circuit Court Judge

Unpublished Opinion No. 2004-UP-465

Submitted September 15, 2004 – Filed September 15, 2004

APPEAL DISMISSED

Assistant Appellate Defender Tara S. Taggart, Office of Appellate Defense,
of Columbia,  for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General
John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
all of Columbia; and Solicitor Randolph Murdaugh, III, of Hampton, for
Respondent.

PER CURIAM:  Jimmy Lee Duncan was indicted
for third-degree burglary and petit larceny.  He was acquitted of the petit
larceny charge and convicted of the third-degree burglary charge.  The trial
judge sentenced him to five years imprisonment.  An unrelated probationary sentence
was also revoked and a concurrent sentence of seven years imposed.  Duncan appeals. 

Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel for Duncan
attached to the final brief a petition to be relieved as counsel, stating she
had reviewed the record and concluded Duncan’s appeal is without legal merit
sufficient to warrant a new trial.  Duncan did not file a separate pro
se response. 

After a thorough review of the record pursuant to Anders and State
v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal
and grant counsel’s petition to be relieved. 

APPEAL DISMISSED. [1]

STILWELL, BEATTY, and SHORT, JJ., concur.

[1] We decide this case without oral argument pursuant
to Rule 215, SCACR.